High Court Rulings


Upholds penalty for ‘irregular’ documents during goods movement by logistics service provider 

Karnataka HC rules on validity of levy of penalty for discrepancies in documents tendered by the person in-charge of vehicle while transporting goods; On the question of law pertaining to levy of pena...View More

Amnesty Scheme an exemption, cannot be given lenient view for allowing SVLDRS benefit 

Kerala HC holds that the assessee having not attempted to make payment envisaged under the SVLDRS-3 despite accessing the CBIC portal on the penultimate day before the closure of the scheme,...View More

Dispute involving 'value' in alleged consulting-engineer service maintainable before SC; Dismisses Revenue's appeal 

Meghalaya HC holds that the issue w.r.t. value of service cannot be agitated before High Court and that “party has got right only before the Supreme Court in terms of Section 35L"; An appeal was...View More

Only duty element, not fine/penalty construable for computing threshold for appeal-filing 

Delhi HC rules that, for the purposes of determining the threshold limit, only the duty element (and not penalty/redemption fine) needs to be taken into account except in cases where only fine and pen...View More

Rules on interplay between general & special statutes w.r.t. Court's power to condone delay 

Allahabad HC on the premise that statutory interpretation principle of legislative intent assumes ‘paramount importance’, dismisses petition against dismissal of appeal filed by assessee b...View More

Denial of 'transitional arrangement' on non-basmati rice export upon policy amendment "bad-in-law" 

Bombay HC holds as unjustified, restriction imposed vide clause 2 of Notification No. 20/2023 [which amended export policy of Non-Basmati Rice against ITC (HS) code 1006 30 90,  from &l...View More

Crane Services by means of transfer to Transport Department for use being service contract, doesn’t constitute sale 

Rajasthan HC rules that Crane Services provided by the Assessee to Transport Department do not constitute sale as provided u/s 2(35)(iv) of Rajasthan VAT Act and is a contract of service hence, the or...View More

Quashes SCN premised ‘only’ basis Form 26AS without further inquiry 

Gujarat HC critiques show cause notice (SCN) issued making assessee liable to payment of service tax on the basis of the information retrieved from the Income Tax Department in Form 26AS (TDS) “...View More

Outlining scope of Court's review jurisdiction, dismisses Revenue's petition in 'Tata Steel' case 

Allahabad HC outlines scope of Court’s power to review, remarks “review jurisdiction is a solemn duty bestowed upon the High Courts to rectify errors that may have crept into their judgmen...View More

Directs refund of tax paid by Torrent-Power on ocean-freight; Sub-ordinate authority bound by Court judgment 

Gujarat HC directs refund of Service Tax already paid by Torrent Power Ltd. (Assessee) pursuant to Notification 15/2017 Service Tax (holding importers liable to service tax on ocean freight) declared ...View More